December 6, 2005

Now that the new Indian Patent Act allows for pre- as well as post-grant opposition Indian drug companies are lining up to oppose patents that multi-national companies are filing in India. It will be some time before we can see how the Indian patent office deals with these oppositions but everyone will be watching to see what shape the new rules on patentability (particularly novelty) will take. Remember that the Patent Controller must give the person opposing the patent a hearing though he is not bound to agree with the logic presented.

December 1, 2005

Many Indian inventors shy away from registering their patents because of the cost and effort involved – not just the cost of filing the patent but also the cost of policing infringement and of the consequent lawsuit. Most patent lawsuits in the US cost upwards of a million dollars US from start to finish – a sum most Indian companies are very reluctant to gamble on a half chance of victory.

But what if there is a way to finance this litigation. Oasis Capital has made a business model out of this opportunity and should they turn their attentions towards India they are sure to find several takers.